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Articles 2521 - 2550 of 3158
Full-Text Articles in Fourteenth Amendment
Colorado V. Connelly, Lewis F. Powell Jr.
Colorado V. Connelly, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
The Regulated Practice Of The Jailhouse Lawyer
The Regulated Practice Of The Jailhouse Lawyer
Washington and Lee Law Review
No abstract provided.
The Reconstruction Amendments' Debates. Edited By Alfred Avins, Robert M. Ireland
The Reconstruction Amendments' Debates. Edited By Alfred Avins, Robert M. Ireland
Washington and Lee Law Review
No abstract provided.
In What Vision Of The Constitution Must The Law Be Color-Blind, 20 J. Marshall L. Rev. 201 (1986), Laurence H. Tribe
In What Vision Of The Constitution Must The Law Be Color-Blind, 20 J. Marshall L. Rev. 201 (1986), Laurence H. Tribe
UIC Law Review
No abstract provided.
Justice Brennan, Due Process And The Freedom Of Speech: A Celebration Of Speiser V. Randall, 20 J. Marshall L. Rev. 7 (1986), George Anastaplo
Justice Brennan, Due Process And The Freedom Of Speech: A Celebration Of Speiser V. Randall, 20 J. Marshall L. Rev. 7 (1986), George Anastaplo
UIC Law Review
No abstract provided.
The Due Process Rights Of Postjudgment Debtors And Child Support Obligors, Diana Gribbon Motz, Andrew H. Baida
The Due Process Rights Of Postjudgment Debtors And Child Support Obligors, Diana Gribbon Motz, Andrew H. Baida
Maryland Law Review
No abstract provided.
State Law Wrongs, State Law Remedies, And The Fourteenth Amendment, Henry Paul Monaghan
State Law Wrongs, State Law Remedies, And The Fourteenth Amendment, Henry Paul Monaghan
Faculty Scholarship
Parratt v. Taylor is among the most puzzling Supreme Court decisions of the last decade, and the lower federal courts have been thrown into considerable confusion in their efforts to implement it. In large part, this confusion stems from the fact that Parratt decided two independent points: first, the negligent loss or destruction of property by state officials could constitute a "deprivation" thereof for purposes of the due process clause of the fourteenth amendment; and second, the existence of an adequate state remedy to redress the wrong meant that the deprivation was not "without due process of law." In this …
Revolutionary Constitutionalism In The Era Of The Civil War And Reconstruction , Robert J. Kaczorowski
Revolutionary Constitutionalism In The Era Of The Civil War And Reconstruction , Robert J. Kaczorowski
Faculty Scholarship
The meaning and scope of the fourteenth amendment and the Civil Rights Act of 1866 remain among the most controversial issues in American constitutional law. Professor Kaczorowski contends that the issues have generated more controversy than they warrant, in part because scholars analyzing the legislative history of the amendment and statute have approached their task with preconceptions reflecting twentieth century legal concerns. He argues that the most important question for the framers was whether national or state governments possessed primary authority to determine and secure the status and rights of American citizens. Relying on records of the congressional debates as …
Section 2 Of The Voting Rights Act: An Approach To The Results Test, David L. Eades
Section 2 Of The Voting Rights Act: An Approach To The Results Test, David L. Eades
Vanderbilt Law Review
The fifteenth amendment' guarantees that a citizen's right to vote shall not depend on his or her race. The Voting Rights Act of 1965 (the Act)2 ended nearly a century of congressional acquiescence to obstruction and subversion of that guarantee by certain state and local governments. The Act was remarkably successful in curbing many race-oriented abuses of the electoral process. Despite this success, however, Congress chose to bolster the 1965 Act with the Voting Rights Act Amendments of 1982., The new legislation's most significant feature was the revision of section 2, which contains the Act's blanket prohibition against "discriminatory"voting procedures.
Washington's Ballot Restriction For Minor Party Candidates: When Is A Primary Not A Primary?, Emily Calhoun
Washington's Ballot Restriction For Minor Party Candidates: When Is A Primary Not A Primary?, Emily Calhoun
Publications
No abstract provided.
Does Mississippi's System For Financing Public Schools From "School Lands" Violate Federal Law?, Richard B. Collins
Does Mississippi's System For Financing Public Schools From "School Lands" Violate Federal Law?, Richard B. Collins
Publications
No abstract provided.
Economic Analysis Of Liberty And Property: A Critique, Peter N. Simon
Economic Analysis Of Liberty And Property: A Critique, Peter N. Simon
Publications
No abstract provided.
Reportability Of Exposure To The Aids Virus: An Equal Protection Analysis, Donna Costa
Reportability Of Exposure To The Aids Virus: An Equal Protection Analysis, Donna Costa
Cardozo Law Review
No abstract provided.
Regents Of The University Of Michigan V. Ewing, Lewis F. Powell Jr.
Regents Of The University Of Michigan V. Ewing, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Criminal Procedure—Exclusionary Rule—No Good Faith Exception To The Arkansas Rules Of Criminal Procedure, Dale Scroggins
Criminal Procedure—Exclusionary Rule—No Good Faith Exception To The Arkansas Rules Of Criminal Procedure, Dale Scroggins
University of Arkansas at Little Rock Law Review
No abstract provided.
Black Innocence And The White Jury, Sheri Johnson
Black Innocence And The White Jury, Sheri Johnson
Cornell Law Faculty Publications
Racial prejudice has come under increasingly close scrutiny during the past thirty years, yet its influence on the decisionmaking of criminal juries remains largely hidden from judicial and critical examination. In this Article, Professor Johnson takes a close look at this neglected area. She first sets forth a large body of social science research that reveals a widespread tendency among whites to convict black defendants in instances in which white defendants would be acquitted. Next, she argues that none of the existing techniques for eliminating the influence of racial bias on criminal trials adequately protects minority-race defendants. She contends that …
The Hunter Doctrine: An Equal Protection Theory That Threatens Democracy, Robert H. Beinfield
The Hunter Doctrine: An Equal Protection Theory That Threatens Democracy, Robert H. Beinfield
Vanderbilt Law Review
Referenda effect basic constitutional objectives by allowing individuals to participate equally in the governing process. The Supreme Court recently relied on the equal protection clause of the fourteenth amendment' to invalidate a referendum procedure in Washington v. Seattle School District No. 1. A state initiative,which received support from a majority of the voting electorate,effectively forbade local school boards from implementing mandatory student reassignment programs aimed at eliminating de facto racial imbalance in state schools unless the electorate approved the proposed program. In finding an equal protection violation, the Court for the first time relied on a doctrine that it developed …
Death At Any Cost: A Critique Of The Supreme Court's Recent Retreat From Its Death Penalty Standards, William S. Geimer
Death At Any Cost: A Critique Of The Supreme Court's Recent Retreat From Its Death Penalty Standards, William S. Geimer
Florida State University Law Review
No abstract provided.
Property And Personal Privacy: Interrelationship, Abandonment And Confusion In The Path Of Judicial Review, 18 J. Marshall L. Rev. 847 (1985), Kenneth Mott, Lovette Mott
Property And Personal Privacy: Interrelationship, Abandonment And Confusion In The Path Of Judicial Review, 18 J. Marshall L. Rev. 847 (1985), Kenneth Mott, Lovette Mott
UIC Law Review
No abstract provided.
The Constitution And Informational Privacy, Or How So-Called Conservatives Countenance Governmental Intrustion Into A Person's Private Affairs, 18 J. Marshall L. Rev. 871 (1985), Michael P. Seng
UIC Law Review
No abstract provided.
The Transformation Of The Fourteenth Amendment: Reflections From The Admission Of Maryland's First Black Lawyers, David S. Bogen
The Transformation Of The Fourteenth Amendment: Reflections From The Admission Of Maryland's First Black Lawyers, David S. Bogen
Maryland Law Review
No abstract provided.
Black Innocence And The White Jury, Sheri Lynn Johnson
Black Innocence And The White Jury, Sheri Lynn Johnson
Michigan Law Review
Racial prejudice has come under increasingly close scrutiny during the past thirty years, yet its influence on the decisionmaking of criminal juries remains largely hidden from judicial and critical examination. In this Article, Professor Johnson takes a close look at this neglected area. She first sets forth a large body of social science research that reveals a widespread tendency among whites to convict black defendants in instances in which white defendants would be acquitted. Next, she argues that none of the existing techniques for eliminating the influence of racial bias on criminal trials adequately protects minority-race defendants. She contends that …
The Transformation Of The Fourteenth Amendment: Reflections From The Admission Of Maryland's First Black Lawyers, David S. Bogen
The Transformation Of The Fourteenth Amendment: Reflections From The Admission Of Maryland's First Black Lawyers, David S. Bogen
Faculty Scholarship
October 10, 1985, was the one hundredth anniversary of the admission to the bar of the Supreme Bench of Baltimore City of Everett J. Waring, the first black lawyer admitted to practice before the state courts in Maryland. This article explores the efforts of African-American lawyers to establish the right to practice law in Maryland and their role in the larger struggle for political and civil rights.
The Original Understanding Of The Fourteenth Amendment In Illinois, Ohio, And Pennsylvania, James E. Bond
The Original Understanding Of The Fourteenth Amendment In Illinois, Ohio, And Pennsylvania, James E. Bond
Faculty Articles
The fourteenth amendment is a second American Constitution, the "new birth of freedom" for which Lincoln had prayed at Gettysburg. It nationalized the protection of civil liberty and thereby revolutionized the structure of American government. In the three great clauses of its first section it guarantees the privileges and immunities of citizenship, the equal protection of the laws, and due process of law. These guarantees are the bedrock upon which the American regime of individual liberty rests. Stated as principles, these guarantees presumably embodied a particular view of man and his relationship to government. The nature of that view is …
Federal Court Reform Of State Criminal Justice Systems: A Reassessment Of The Younger Doctrine From A Modern Perspective, Donald H. Zeigler
Federal Court Reform Of State Criminal Justice Systems: A Reassessment Of The Younger Doctrine From A Modern Perspective, Donald H. Zeigler
Articles & Chapters
The Supreme Court in its 1971 decision of Younger v. Harris prohibited federal court intervention in pending state criminal proceedings in the absence of special circumstances. This Article examines the Younger doctrine from a modern perspective and argues for its abolition. The Article shows that abstention in cases seeking reform of state criminal justice systems is inconsistent with federal court activism in other areas. It argues that state judges are not entitled to greater deference by federal courts than other state officials. It then explains why federal injunctive relief is essential to achieve systemic reform of state criminal justice. Finally, …
Affirmative Action And The Legislative History Of The Fourteenth Amendment, Eric Schnapper
Affirmative Action And The Legislative History Of The Fourteenth Amendment, Eric Schnapper
Articles
This article contends that the legislative history of the fourteenth amendment is not only relevant to but dispositive of the legal dispute over the constitutional standards applicable to race-conscious affirmative action plans. From the closing days of the Civil War until the end of civilian Reconstruction some five years later, Congress adopted a series of social welfare programs whose benefits were expressly limited to blacks. These programs were generally open to all blacks, not only to recently freed slaves, and were adopted over repeatedly expressed objections that such racially exclusive measures were unfair to whites. The race-conscious Reconstruction programs were …
Tension Between The First And Twenty-First Amendments In State Regulation Of Alcohol Advertising, Brian S. Steffey
Tension Between The First And Twenty-First Amendments In State Regulation Of Alcohol Advertising, Brian S. Steffey
Vanderbilt Law Review
This Recent Development examines the tension between the first and twenty-first amendments when a state uses its twenty-first amendment power to regulate advertisements of alcoholic beverages that qualify for first amendment protection. Part II of this Recent Development explores the Court's standard of review in cases in which the twenty-first amendment impinges upon a fourteenth amendment right. Part II also reviews the scope of constitutional protection that the first amendment accords commercial speech. Part III examines three recent cases in which states have regulated alcohol advertising. Part IV criticizes these decisions for misapplying the appropriate standard and for relying extensively …
Ake V. Oklaboma, Lewis F. Powell Jr.
Cleveland Board Of Education V. Loudermill, Lewis F. Powell Jr.
Cleveland Board Of Education V. Loudermill, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Black V. Romano, Lewis F. Powell, Jr.